Govt respects court ruling, but warns of legal limits ahead of Turun Anwar protest
THE government respects the Federal Court's ruling that rally organisers are not required to notify police, effectively allowing the Himpunan Turun Anwar protest to proceed on July 26.
However, Home Minister Datuk Seri Saifuddin Nasution Ismail (picture) stressed that despite parts of the Peaceful Assembly Act being declared unconstitutional, three key restrictions still apply to organisers and participants.
'There are three main prohibitions: No dangerous weapons, no speeches touching on the 3Rs — royalty, religion and race — and no children allowed.
'If these are violated, we will be forced to take action. But don't accuse the police of suppressing freedoms — that would be unfair,' he said at a press conference after the Home Ministry's monthly assembly yesterday.
The Turun Anwar protest, organised by Perikatan Nasional (PN), is expected to take place at Dataran Merdeka in Kuala Lumpur (KL) and draw over 300,000 people from across the country.
The gathering is being promoted as a public manifestation to 'save the country' from what organisers describe as worsening conditions under Prime Minister (PM) Datuk Seri Anwar Ibrahim's leadership.
Saifuddin acknowledged that the protest would pose logistical challenges for the police but assured that it would be managed professionally.
'The rally has been widely publicised. At the same time, the Federal Court has ruled that organisers don't have to notify the police.
'We cannot override the Federal Court's decision. But the police are still responsible for ensuring public safety.
'If organisers had informed the police, we would know the venue and expected turnout. That would help us deploy the appropriate number of officers — not to obstruct, but to facilitate,' he added.
Saifuddin also emphasised that the government does not restrict freedom of expression but insisted that public assemblies must remain within legal boundaries and avoid provoking disorder.
Earlier this month, the Federal Court unanimously ruled that penalising rally organisers for failing to provide five days' notice was unconstitutional.
The five-judge panel, led by former Chief Justice Tun Tengku Maimun Tuan Mat, made the ruling in a case involving former Muda secretary-general Amir Hariri Abdul Hadi.
Tengku Maimun stated that Section 9(5) of the Peaceful Assembly Act contravened Articles 8 and 10(1)(b) of the Federal Constitution.
Article 8(1) guarantees equal protection under the law, while Article 10(1)(b) affirms the right to peaceful assembly.
Meanwhile, the Coalition for Clean and Fair Elections (Bersih) said it would not participate in the protest and called on the government not to interfere.
Speaking to Utusan Malaysia, Bersih president Muhammad Faisal Abdul Aziz stressed that the right to assemble must not be hindered by government intervention.
'Bersih will not be directly involved in the rally. Let the party organising it handle the event themselves.
'However, we want the government to refrain from obstructing or interfering with the protest. It is a right protected under Article 10 of the Federal Constitution — the right to peaceful assembly without arms,' he said.
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